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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
SUDHEESH THANKKAPPAN @ SUDHEESH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenging order under sc/st (poa) act. (Para 1 , 4) |
| 2. arguments for and against bail. (Para 2 , 5) |
| 3. court observations on prima facie evidence. (Para 6 , 7) |
| 4. final ruling of dismissal of the appeal. (Para 9) |
J U D G M E N T
This appeal has been filed under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (`SC/ST (POA) Act’ for short hereafter), challenging the order in Crl.M.P.No.1/2026 dated 12.02.2026 on the files of the Sessions Court, Pathanamthitta.
2. Heard the learned counsel for the appellant/accused and the learned Public Prosecutor appearing for the 1st respondent State of Kerala. Though notice was served upon the 2nd respondent/the defacto complainant, she did not turn up. Perused the prosecution records. 3. Here the prosecution alleges commission of offences punishable under Sections 118 (1), 115(2), 296(b), 351, 74 of Bharatiya Nyaya Sanhita, 2023 (` BNS ’ for short hereafter) and under Section 3(1)(r)
(s) and 3(2)(va) of the SC/ST (POA) Act, by the appellant/accused. The prosecution case is that at about 11 hours on 12.01.2026, when the defacto complainant, who is a member of Scheduled Caste community
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